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HomeMy WebLinkAboutSE202100012 Plan - Approved 2021-05-05RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SE 2021-00012 BOYS & GIRLS CLUB DRIVER'S EDUCATION WHEREAS, upon consideration of the Memorandum prepared in conjunction with the application and the attachments thereto, including staff s supporting analysis, any comments received, and all of the factors relevant to the special exception in Albemarle County Code §§ 18-4.2.3(b), 18-4.2.5(a), and 18- 33.49, the Albemarle County Board of Supervisors hereby finds that the special exception would not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties; would not be contrary to sound engineering practices; and (a) strict application of the requirements of Albemarle County Code 1& 8-4.2 would not forward the purposes of Albemarle County Code chapter 18 or otherwise serve the public health, safety or welfare; (b) alternatives proposed by the developer or subdivider would satisfy the intent and purposes of Albemarle County Code 16 8-4.2 to at least an equivalent degree; (c) due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; and (d) granting the special exception would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves the special exception to allow the disturbance of critical slopes associated with SDP202100011 Boys & Girls Club Driver's Education, subject to the condition attached hereto. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Ave Nay Mr. Gallaway Ms. LaPisto-Kirtley Ms. Mallek Ms. McKee) Ms. Palmer Ms. Price SE 202100012 Boys & Girls Club Driver's Education Condition 1. The disturbance of critical slopes must not exceed the "Critical Slope Area Disturbed by Project (f0.42 Acres)" shown in the Exhibit to the request entitled "Boys & Girls Club -- Driver's Education: Critical Slopes Waiver -- Special Exception Request," prepared by Timmons Group, dated February 10, 2021, and last revised April 7, 2021. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 To: Albemarle County Board of Supervisors From: Cameron Langille, Senior Planner II Date: May 5, 2021 Item: SE202100012 Boys & Girls Club Driver's Education — Request for Special Exception to Sec 4.2 to allow the disturbance of critical slopes (slopes greater than 25% in the Rural Area) in association with the final site plan for SDP202100011 Boys & Girls Club Driver's Education. Tax Map Parcel(s): 06000-00-00-078A0 Magisterial District: Jack Jouett School Districts: Albemarle H.S.; Jouett M.S.; Greer E.S. Zoning District: RA Rural Areas Summary of Request for Special Exception: The applicant is requesting a special exception to allow the disturbance of approximately 0.42 acres of critical slopes (slopes greater than 25% in the Rural Area). This request is associated with a final site plan that is currently under review - SDP202100011 Boys & Girls Club Driver's Education. The applicant's request is provided in Attachment A, which includes a map showing locations where critical slope disturbance would occur. County Code § 18-4.2.3(b) and 18-4.2.5(a) allow for disturbance of critical slopes, provided the findings in 18- 4.2.5(a)(3) are made. Please see Attachment B for staffs full analysis. Based on the findings therein, staff recommends approval of the applicant's request to disturb critical slopes with the following condition: 1. The disturbance of critical slopes must not exceed the "Critical Slope Area Disturbed by Project (f0.42 Acres)" shown in the Exhibit to the request entitled "Boys & Girls Club -- Driver's Education: Critical Slopes Waiver -- Special Exception Request," prepared by Timmons Group, dated February 10, 2021, and last revised April 7, 2021. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special exception request. Attachments: A — Critical Slopes Waiver Request B — Staff Analysis of Critical Slopes Impact C — Resolution ar �ntt1NU' County of Albemarle Department of Community Development Memorandum To: Cameron Langille, Community Development Planning and Zoning Review From: J. E. Anderson, PE, CE-II, Community Development Engineering Review Date: April 8, 2021 Subject: SE202100012 — Boys & Girls Club/Driver's Ed — Critical Slopes Impact Review The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: The critical slopes proposed to be impacted lie between Ivy Creek School to the south, and an existing student driver education paved circuit to the north. 0.11 Ac. of critical slopes lie entirely within the driver education course, and there is no impact to critical slopes within stream buffer, temporary or otherwise. The slopes are currently stabilized with understory shrubs, groundcover and trees. The applicant proposes to grade within critical slopes for construction of a building, athletic field, hard courts, stairs, parking and site access. The site is served by public water and sewer. Construction includes a septic pump station that requires applicant coordinate pump station and 4" force main design with VDH. Areas Acres Total site 216.69 Ac. Critical slopes disturbed 0.42 Ac. 0.19% of total site i /\ i in image above is WPO (stream) buffer. areas are critical slopes. Albemarle County Community Development Engineering Review comments Page 2 of 5 Approximate limits of project site shown by blue outline, above. —0.11 Ac. critical slopes lie within paved circuit of the driver education course (red -shaded area). Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The proposed disturbance is not one of the listed exemptions and therefore a waiver is required. Albemarle County Community Development Engineering Review comments Page 3 of 5 Compliance with Zoning Ordinance 18-4.2.5(a)(1): "rapid and/or large-scale movement of soil and rock" Existing critical slopes are stable. Disturbance of critical slopes will entail cuttinglexcavating earth to perform final grading, with sections of stairs, storm line and very limited portions of a building and hard surface courts proposed to be constructed on critical slopes. Without precise calculation, and excepting grading of critical slopes (no proposed grade is steeper than 2.5:1), Engineering estimates design avoids 85-90% of critical slopes in the vicinity of buildings, parking, access, hard surface courts, grass athletic field, and utility installation (sheets C4.1, C4.2). Avoidance strategies are evident at a glance with final site plan sheets C4.0, C4.1, C4.2. Retaining walls are used sparingly. In March 2020, Engineering supported a waiver request for 0.79 Ac. impact to critical slopes for this project. Under relocated /redesigned project, impact to critical slopes is cut by half. 2.5:1 final slopes may be stabilized with permanent ground cover that does not require mowing. During construction, proper ESC measures (nearly approved with WPO202000051) are deemed adequate to minimize chances of rapid and large-scale movement of soil and/or rock. "excessive stormwater run-off' The impacted critical slopes will be replaced with a combination of building, hard surface courts, paved parking /site access, terrace, stairs (impervious), and athletic field, slopes, and landscape areas (pervious). The existing driver education course (substantial pavement) will be demolished to make way for boys and girls club improvements. Additional runoff resulting from the change in land cover is mitigated by the extent of existing impervious driving circuit pavement to be demolished. A net impervious increase of 0.26 Ac. increases storm runoff. New impervious areas are virtually all (flat) rooftop, pavilion/decking or parking/access areas. The majority of runoff from these areas is detained in two underground detention systems to ensure post -development runoff meets minimum standards for channel and flood protection. "siltation of natural and man-made bodies of water" There are no nearby man-made bodies of water. A WPO buffer is in close proximity, and during construction, a temporary ESC measure (ST3) encroaches approximately 25' within the buffer, but remains 75-ft from stream centerline. This temporary ESC measure is designed for construction phase. No permanent improvements except required stone discharge pipe are proposed for critical slopes. The floodplain does not extend to this site. Grading of critical slopes results in disturbed areas that would otherwise remain undisturbed. However, slopes to be impacted are approximately 0.42 Ac., or half the 0.79 Ac. impact recommended for approved in March 2020. Temporary, phased ESC measures provide perimeter containment of sediment transport, and minimize exposure and potential for sediment release from areas of disturbance. "loss of aesthetic resources" The critical slopes to be impacted are primarily located behind and downslope of a proposed building, hard courts, terrace, athletic field, and areas presently woods. GIS shows critical slopes within the paved student driver education course. This development presents higher aesthetic value than the existing driver education course. "in the event of septic system failure, a greater travel distance of septic effluent" The development proposes a septic effluent pump station, though not on critical slopes. Septic effluent is designed to flow by gravity to the pump station, then by 4" force main (FM) to an existing FM. VDH review is required. VDH "may revoke or modify any [state] permit if, at a later date, it finds that the system would threaten public health or the environment". Staff does not believe disturbance of critical slopes would result in a greater travel distance of septic effluent in the event of system failure, since the station serves only the boys and girls club and any upset condition requiring oflline repair may reasonably be addressed by temporarily removing restrooms, etc., from service. Albemarle County Community Development Engineering Review comments Page 4 of 5 The following are additional factors to be considered by the commission for this application (§ 18- 4.2.5(a)(3)): The commission may grant a modification or waiver if it finds that the modification or waiver: 1) would not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties; Staff does not find the waiver would be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties. 2) would not be contrary to sound engineering practices; and Staff does not find this request to be contrary to sound engineering practices. 3) at least one of the following: a. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; Staff supports this finding because slopes impacted are not integrated with a more extensive slope network, are isolated, and are outside the WPO buffer. Also, the boys and girls club will serve the public welfare, especially given the pandemic's devastating impact on adolescent socializing and learning opportunities. b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; Staff supports this finding as an alternative design west on the same school -owned parcel was reviewed and recommended for approval with 0.79 Ac. critical slope impact. This redesign reduces critical slope impact fifty percent. C. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or The developer and this design sought alternative location that minimizes impacts to critical slopes. To limit impact to slopes to a lesser degree or prohibit any impact would, in staffs opinion, unreasonably restrict ACPS partnership ability to team with Boys and Girls Club of Central Virginia to provide facilities that advance educational opportunities for the youth of Albemarle County. d. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. Albemarle County Community Development Engineering Review comments Page 5 of 5 Staff supports this finding. Quoting Applicant's 2/10/21 letter: `The proposed Boys and Girls Club facility would serve the public and students who attend the surrounding public schools. The site layout is designed to prioritize both the safety of the students and staff, as well as the maintenance of the existing character and topography of the land.' Based on the review above, there are no engineering concerns which should prohibit the disturbance of the critical slopes as shown and engineering staff recommends approval of the Critical Slopes waiver request. SL'_o'_ 100012Critical Slope %N aicer Letter -MG CIuh_per I'P_OLO82 I_rec-0 42Ac doc\ BOYS & GIRLS CLUB - DRIVER'S EDUCATION CRITICAL SLOPES WAIVER - SPECIAL EXCEPTION REQUEST FEBRUARY 10, 2021 REV. APRIL 7, 2021 PREPARED BY: TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. 608 PRESTON AVENUE, SUITE 200 CHARLOTTESVILLE, VA 22903 CRAIG KOTARSKI, PE Introduction A Special Exception is being requested per Section 4.2.5.a of the Albemarle County Zoning Ordinance for a waiver to grade within critical slopes to support the development of the Boys and Girls Club facility. Per Section 4.2 of the Albemarle County Zoning Ordinance, steep and critical slopes are protected and preserved throughout the County to reduce "rapid and/or large-scale movement of soil and rock, excessive stormwater run-off, siltation of natural and man-made bodies of water, loss of aesthetic resource ... all of which constitute potential dangers to the public health, safety and/or welfare." Within this application, we plan to demonstrate both the need for approximately 0.42 acres of critical slopes impact as well as the mitigation efforts implemented to ensure slopes are impacted responsibly in order to protect downstream land. Existing Conditions The subject property (parcel 06000-00-00-078A0) is located off Lambs Lane within Albemarle County. It is zoned Rural Areas (RA), and the portion of the site being developed is currently utilized as a driver's education course. The subject portion of the property is adjacent to Jack Jouett Middle School (and associated parking) to the north; Lambs Lane to the east; undeveloped, forested land to the south; and the Ivy Creek School to the west. Per Albemarle County GIS, there is a large area of critical slopes located within the subject property. Most of the critical slopes are located along the southern edge of the subject site. Proposed Special Exception As proposed by WPO202000051, a Boys and Girls Club community center will be developed on the subject property, along with associated play fields and surface parking lots. Per Section 4.2.5.a.3, a critical slopes waiver may be granted if it is found that it would "not be detrimental to public health, safety or welfare, to the orderly development of the area, or the adjacent properties; would not be contrary to sound engineering practices." Additionally, the waiver request must prove that "granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived." In this case, the critical slopes disturbance is proposed (see Image 1 below) in order to construct the proposed Boys and Girls Club building as well as proposed outdoor amenities, grade along the southern and eastern edge of the site, and install site erosion control and drainage. In total, about 0.42 acres of critical slope area is proposed to be disturbed. The proposed building is located and designed in a stepped style to mimic and complement existing topography; in doing so, critical slope disturbance is minimized to the largest extent practical. The critical slopes that exist within the building footprint have already been disturbed with the existing driver's education course development, as there is stormwater infrastructure located within them in the existing condition. As shown in Image 1, the largest areas of critical slopes disturbance are along the southern and eastern edges of the subject site; in order to avoid these areas of disturbance, retaining walls would be required. The site layout and grading is designed to allow students to interact with the 11Page existing landscape as much as possible, so retaining walls are largely avoided. Further retaining walls would detract from the site design and be a safety hazard for students, as well. Sediment traps and silt fence will be utilized during construction to protect downstream waters while critical slope disturbance is ongoing. In the proposed condition, the site will have no slopes steeper than 2.5:1, with a vast majority being 3:1 or flatter. Image 1: Areas of critical slope disturbance proposed on site. When evaluating this site's critical slope disturbance, it is important to note that the facility was previously planned to be across Lambs Lane, on a steeper, undeveloped portion of land. With the previous design, 0.79 acres of critical slopes were to be disturbed. The new proposed site layout and design is more able to mimic existing site topography and therefore disturb only about 0.42 acres of critical slopes — approximately half the previous amount. Conclusion While the Zoning Code specifies the protection and preservation of critical slopes within the County, it also highlights the importance of granting a waiver when the proposed use of the land serves a greater purpose than would be possible due to strict adherence to the Zoning Ordinance. In this case, the proposed Boys and Girls Club facility would serve the public and students who attend the surrounding public schools. The site layout is designed to prioritize both the safety of the students and staff, as well as the maintenance of the existing character and topography of the land. Critical slope disturbance is minimized to the largest extent possible, and care will be taken during construction to stabilize slopes and prevent silt -laden runoff. 2 1 P a g e 0 i �i� ����il � -:. gym,► j ` • � I � INA OR Far; .. _ -_-- :•:p;:;a::;:::;:e9 Ill an . IMIIIIIIII 7 A 1 BOYS AND GIRLS CLUB - DRIVER'S EDUCATION CRITICAL SLOPES WAIVER REQUEST EXHIBIT — APRIL 7, 2021 LEGEND: CRITICAL SLOPES (PER COUNTY GIS) CRITICAL SLOPE AREA DISTURBED BY PROJECT (±0.42 ACRES) NOTE: ILLUSTRATED CRITICAL SLOPE DISTURBANCE ACCOUNTS FOR DISTURBANCE DUE TO GRADING, EROSION AND SEDIMENT CONTROL, AND SITE DRAINAGE. SCALE 1"=80' 0 80, 16o, TIMMONS GROUP 05) YOUR VISION ACHIEVED THROUGH OURS.